Business Law 1-3

Front 1

Litigation

Back 1

The process of bringing, maintaining, and defending a lawsuit

Front 2

Pleadings

Back 2

The paperwork that is filed with the court to initiate and respond to a lawsuit.
ex) complaint, the answer, the cross-complaint, the reply.

Front 3

Plaintiff

Back 3

The party who file the compaint.

Front 4

Complaint

Back 4

The doucument the plaintiff files with the court and serves on the defendant to initiate a lawsuit

Front 5

Summoms

Back 5

A court order directing the defendant to appear in court and answer the complaint.

Front 6

Answer

Back 6

The defendat's written responses to the plaintiff's complaint that is filed with the court and served on the plaintiff

Front 7

Cross-complaint

Back 7

A document filed by the defendant against the plaintiff to seek damages or some other remedy.

Front 8

Reply

Back 8

A document filed by the original plaintiff to answer the defendant's cross-complaint.

Front 9

Intervention

Back 9

The act of others to join as parties to an existing lawsuit

Front 10

Consolidation

Back 10

The act of others to join as parties to an existing lawsuit.

Front 11

Statue of limitations

Back 11

A statue that establishes the period during which a plaintiff must bring a lawsuit against a defendant

Front 12

Discovery

Back 12

A leagal process during which each party engages in various activities to discover facts of the case from the other party and witness prior to trial.

Front 13

Deposition

Back 13

Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.

Front 14

Deponent

Back 14

The party who gives his deposition

Front 15

Interrogatories

Back 15

Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.

Front 16

Production of the documents

Back 16

A request by one part to another party to produce all documents relevant to the case prior to the trial.

Front 17

Physical or mental examination

Back 17

A court-ordered examination of a party to a lawsuit before trial to determine the extent of the alleged injuries.

Front 18

Motion for summary judgement

Back 18

A motion that asserts that there are no factural disputes to be decided by the jury and that the judge can apply the proper law to the undisputed facts and decide the case without a jury. These motions are supported by affidavits, documents, and deposition testimony.
Motion for summary judgment, which can be made by either party, are supported by evidence outside the pleadings.

Front 19

Settlement conference

Back 19

A hearing before a trial in order to facilitate the settlement of a case.
Also called a pretrial hearing

Front 20

Trier of fact

Back 20

The jury in a jury trial; the judge where there is not a jury trial

Front 21

Voir dire

Back 21

The process whereby prospective jurors are asked questions by the judge and attorneys to determine whether they would be biased in their decision.

Front 22

Jury instructions

Back 22

Instructions given by the judge to the jury the inform them of the law to be applied in the case.

Front 23

Appeal

Back 23

The act of asking an appellate court to overturn a decision after the trial court's final judgement has been entered.

Front 24

Appellant

Back 24

The appealing party in an appeal.
Alson know as the petitioner.

Front 25

Apellee

Back 25

The responding party in an appeal.
Also known as the respondent.

Front 26

Alternative dispute resolution (ADR)

Back 26

Methods of resolving disputes other than litigation.

Front 27

Arbitration

Back 27

A form of ADR in which the parties choose an impartial third party to hear and decide the dispute

Front 28

Arbitration clause

Back 28

A clause in a contract that requires disputes arising out of the contract to be submitted to arbitration.

Front 29

Federal Arbitration Act (FAA)

Back 29

A federal statue that provides for the enforcement of most arbitration agreements.

Front 30

Mediation

Back 30

A form of ADR in which the parties choose a neutral third party to acgt as the mediator of the dispute.

Front 31

Conciliation

Back 31

A form of mediation in which the parties choose an interested third party to act as the mediator of the dispute

Front 32

Pretrial Litigation Process

Back 32

Pleadings, discovery, dismissals, pretrial judgments, settlement conference.

Front 33

Answer

Back 33

Default judgment: if the dependent does not answer the complaint
Affirmative defense: defendant’s answer can assert. (self-defense, statute of limitations)

Front 34

Discovery

Back 34

1.Deposition
2.Interrogatories
3.Production of documents
4.Physical and mental examination

Front 35

Motion for judgment on the pleadings

Back 35

The judge cannot consider any facts outside the pleadings.

Front 36

Two major pretrial motion

Back 36

1.Motion for judgment on the pleadings
2.Motions for summary judgment

Front 37

Phase of a trial

Back 37

1.jury selection: voir dire (to speak the truth)
2.opening statement: burden of proof
3.the plaintiff’s case: direct, cross, redirect examination
4.the dependant’s case: (1) rebut the plaintiff’s evidence (2) prove any affirmative defenses asserted by defendant (3) prove any allegations contained in the defendant’s cross-complaint (re-direct, re-cross-examination)
5.rebuttal and rejoinder: (Rebuttal) the plaintiff’s attorney can call witness and put forth evidence to rebut the defendant’s case. (Rejoinder) the defendant’s attorney call additional witness and introduce other evidence to counter the rebuttal.
6.closing arguments
7.jury instructions
8.jury deliberations
9.entry of judgment: Judgment notwithstanding the verdict (j.n.o.v)- the court may overturn the verdict if it finds bias or jury misconduct.
Remittitur: in the civil case, the judge may reduce the amount of monetary damages awarded by the jury if he finds the jury to have been biased, emotional, or inflamed.

Front 38

Alternative dispute resolution

Back 38

Arbitration, mediation, conciliation, minitrial, fact-finding, judicial referee.

Front 39

Fact-finding

Back 39

A process whereby the parties hire a neutral person to investigate the dispute.

Front 40

Judicial referee

Back 40

Referees, who are often retired judges , have most of the powers of trial judges and their decisions stand as judgments of the courts.